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(영문) 부산고등법원(창원) 2015.10.15 2014나3705

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an internal director of D Co., Ltd. (hereinafter “D”) from November 10, 201, and C is a representative director of D (from October 18, 2011 to March 30, 201) and the Defendant’s representative director.

B. On February 5, 2012, the Plaintiff entered into a contract for short-term investment and share sales (hereinafter “instant investment contract”) with the Defendant for the following short-term investment and share sales (hereinafter “instant investment contract”). The Defendant’s representative director C guaranteed the Defendant’s obligation to the Plaintiff under the said investment contract.

1. The Plaintiff shall deposit KRW 150,000,000 into the account designated by the Defendant within one day after signing and sealing this Agreement on the Defendant's Thai Project.

2. The defendant shall reimburse 300,000,000 won in total, which is 150,000% interest rate for the plaintiff's investment funds.

3. The defendant shall repay the principal and investment profit within one year, and the defendant shall repay the repayment amounting to KRW 75,000,000 out of the repayment amount to KRW 80,000 out of the shares of D owned by the defendant.

D Shares 15,000 shares will be owned by the plaintiff simultaneously with this contract.

4. The defendant becomes two shareholders in D's largest shareholder and the plaintiff became the largest shareholder. Accordingly, D's management right (representative director) shall also be transferred to the plaintiff.

The plaintiff has all responsibilities and authority concerning D's legal representative director at the same time as this contract is concluded.

C. On February 6, 2012, the Plaintiff deposited KRW 150,000,000 (hereinafter “instant investment”) into D’s corporate account designated by the Defendant, in accordance with the instant investment contract, and D accounted for the said remittance as repayment of C’s provisional payment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 3 through 15, witness E and F respectively, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff C intends to reimburse approximately KRW 150 million of the D's funds arbitrarily used while operating D.